Air Plan Approval; Arkansas; Arkansas Regional Haze and Visibility Transport State Implementation Plan Revisions; Correction, 20289-20290 [2021-08004]

Download as PDF jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations render certain substances and components nonmailable, and they will continue to do so with respect to any ENDS shipments that remain mailable pursuant to exceptions or exclusions under the impending final rule. ENDS that become nonmailable under the PACT Act can additionally violate other mailability statutes and regulations. These restrictions and requirements govern the use of the federal mail system, regardless of the legal status of any items under state or local law. Violations of these mailability laws can result in civil or criminal penalties. Therefore, all persons currently or prospectively engaged in the mailing of ENDS—including, in particular, those who intend to continue mailing ENDS under any potentially available PACT Act exceptions—are advised to review Publication 52 carefully. Certain pertinent issues are highlighted below, but this list is not necessarily exhaustive. CBD products. For hemp-based products containing CBD with a THC concentration not exceeding 0.3 percent, mailers must retain, and prepare to make available upon request, records establishing compliance with all applicable federal, state, and local laws pertaining to hemp production, processing, distribution, and sales, including the Agricultural Act of 2014 and the Agricultural Improvement Act of 2018. Such records may include laboratory test results, licenses, and compliance reports. See Publication 52 section 453.37. Controlled substances and drug paraphernalia. All other substances that contain THC are Schedule I controlled substances for purposes of federal law, 21 CFR 1308.11(d)(31), and are therefore nonmailable in most instances. 21 U.S.C. 843(b); Publication 52 section 453. Products used with such substances may qualify as nonmailable drug paraphernalia. See 21 U.S.C. 863; Publication 52 section 453. This federal mailing prohibition is unaffected by whether the mailing of THC-containing substances violates state or local law and by the restriction of Department of Justice appropriations relating to medical marijuana. See Public Law 116– 260, div. B, title V, section 531 (2020). Advertisements for controlled substances and drug paraphernalia. It is unlawful to mail advertisements for, or to advertise the mailing of, federally controlled substances or drug paraphernalia. 21 U.S.C. 843(b), (c)(1); Mailing Standards of the United States Postal Service, Domestic Mail Manual (‘‘DMM’’) section 601.9.4.1. Hazardous materials: Solutions. Toxic and flammable substances are VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 nonmailable except subject to requirements designed to render them nonhazardous in the mails and/or in air transportation. 18 U.S.C. 1716(a)–(b); 39 U.S.C. 3018; Publication 52 sections 31– 349, 711–728 & appx. A, C. Mailers of ENDS solutions should carefully review the chemical constituents of those products and ascertain the flashpoint of each constituent substance, its toxicological profile, and its concentration in the relevant solution. Nicotine is a toxic substance, for example. In addition, ENDS liquids— including non-nicotine-containing liquids—may contain acetals, acetoin (acetyl methyl carbinol), aldehydes, butanol, diacetyl (butanedione), propanol, and other compounds that qualify as flammable or toxic substances. Compare 49 CFR 172.101; Publication 52, appx. A, with Hanno C. Erythropel et al., Formation of Flavorant-Propylene Glycol Adducts with Novel Toxicological Properties in Chemically Unstable E-Cigarette Liquids, 21 Nicotine & Tobacco Research 1248 (2018); Joseph G. Allen et al., Flavoring Chemicals in E-Cigarettes: Diacetyl, 2,3-Pentanedione, and Acetoin in a Sample of 51 Products, Including Fruit-, Candy-, and Cocktail-Flavored ECigarettes, 124 Enviro. Health Perspectives 733 (2016). Depending on a substance’s flashpoint or lethal dose (LD50) and its concentration in a solution, the substance may or may not be prohibited or subject to special Department of Transportation requirements as a hazardous material. See generally Publication 52 sections 343, 346 & appx. A, C. Such items may be prohibited from or restricted in air transportation and may not be eligible for shipping via Priority Mail Express, Priority Mail, First-Class Mail, or First-Class Package Service. Id. sections 327, 711–728. Even nonregulated toxic liquids and solids may be subject to quantity restrictions, packaging requirements, and restrictions on the availability of Postal Service shipping options. See Publication 52 sections 346.232. Hazardous materials: Lithium batteries. Mailers of lithium metal or lithium-ion batteries should be aware of applicable restrictions and requirements, which may determine mailability, packaging, product design, shipping quantities, and the availability of relevant Postal Service products. See Publication 52 section 349.221–.222, 711–728. Non-hazardous liquids. Mailers of liquids that are not regulated as hazardous materials (whether or not such liquids contain nicotine) should be aware of applicable packaging PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 20289 requirements. See Publication 52 section 451.3 and DMM section 601.3.4. Hazardous and restricted materials: Advertising, promotional, or sales matter. To the extent that ENDS may be subject to special requirements as hazardous or otherwise restricted materials, then matter that solicits or induces the mailing of such items is mailable only if it contains all pertinent packaging instructions and any other mailing limitations. 18 U.S.C. 1716(h); DMM section 601.9.4.1. Conclusion Again, it is emphasized that the Postal Service has yet to determine whether and to what extent any PACT Act exceptions may be made available for ENDS. Nevertheless, mailers of ENDS products may find the preparatory information above useful in preparing for the potential availability of such exceptions following a final rule. In addition, all persons currently or prospectively engaged in the mailing of ENDS products should carefully review non-PACT-Act-related mailing prohibitions, restrictions, and other requirements that may apply to ENDS products, to ensure that their use of the mail system is safe and compliant with Federal law. Joshua J. Hofer, Attorney, Ethics & Legal Compliance. [FR Doc. 2021–07976 Filed 4–16–21; 8:45 am] BILLING CODE P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2015–0189; FRL–10022– 74–Region 6] Air Plan Approval; Arkansas; Arkansas Regional Haze and Visibility Transport State Implementation Plan Revisions; Correction Environmental Protection Agency (EPA). ACTION: Final rule; correction. AGENCY: The Environmental Protection Agency (EPA) is correcting a final rule that appeared in the Federal Register on March 22, 2021, and that will become effective on April 21, 2021. The EPA finalized approval of a revision to the Arkansas State Implementation Plan (SIP) submitted by the State of Arkansas through the Arkansas Department of Energy and Environment, Division of Environmental Quality (DEQ). This document corrects an error in the regulatory text. This correction does not SUMMARY: E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20290 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations change any final action taken by the EPA on March 22, 2021. DATES: Effective on April 21, 2021. ADDRESSES: The EPA has established a docket of all documents for this action at https://www.regulations.gov under Docket ID No. EPA–R06–OAR–2015– 0189. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet. Publicly available docket materials are available electronically through https://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: James E. Grady, EPA Region 6 Office, Regional Haze and SO2 Section, 1201 Elm Street, Suite 500, Dallas, TX 72570, 214–665–6745; grady.james@epa.gov. Out of an abundance of caution for members of the public and our staff, the EPA Region 6 office will be closed to the public to reduce the risk of transmitting COVID–19. Please call or email the contact listed above if you need alternative access to material indexed but not provided in the docket. SUPPLEMENTARY INFORMATION: On March 22, 2021 (86 FR 15104), EPA published a final rule action, ‘‘Air Plan Approval; Arkansas; Arkansas Regional Haze and Visibility Transport State Implementation Plan Revisions.’’ The final rule approved revisions to the State Implementation Plan (SIP) for the State of Arkansas concerning requirements of the Clean Air Act and the Regional Haze Rule for visibility protection in mandatory Class I Federal areas for the first implementation period and pertain specifically to the Domtar Ashdown Mill. The final rule also approved revisions concerning Arkansas’ interstate visibility transport obligations for the following national ambient air quality standards (NAAQS): The 2006 24-hour fine particulate matter (PM2.5) NAAQS; the 2012 annual PM2.5 NAAQS; the 2008 and 2015 eight-hour ozone (O3) NAAQS; the 2010 one-hour nitrogen dioxide (NO2) NAAQS; and the 2010 one-hour SO2 NAAQS. For more information, please see the EPA’s rulemaking action at https:// www.regulations.gov under Docket ID No. EPA–R06–OAR–2015–0189. CFR 52.170(e). The EPA finds that there is good cause to make this correction without providing for notice and comment because neither notice nor comment is necessary and would not be in the public interest due to the nature of the correction which is minor, technical and does not change the obligations already existing in the rule. While the ‘‘Identification of Plan’’ section of the regulatory text accurately includes the three new entries added to the ‘‘EPA-Approved Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP’’ table, the amendatory instruction erroneously states that one entry rather than three are being added to the table. Therefore, the EPA finds that the corrections are merely correcting the amendatory instruction without changing any final action taken by the EPA on March 22, 2021. Need for Correction As published, the regulatory text in the final rule contains an error that omits the amendatory instruction for adding two entries to the table entitled ‘‘EPA-Approved Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP’’ in 40 40 CFR Part 180 VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 Federal Register Correction In FR Doc. 2021–05362 at 86 FR 15104 in the issue of Monday, March 22, 2021, the following corrections are made: ■ § 52.170 [Corrected] 1. On page 15131, in the third column, in amendment 2.b. the instruction ‘‘In paragraph (e), the third table titled ‘‘EPA-Approved Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP’’ is amended by adding an entry for ‘‘Arkansas Regional Haze Phase III SIP Revision’’ at the end of the table.’’ is corrected to read ‘‘In paragraph (e), the third table titled ‘‘EPA-Approved NonRegulatory Provisions and QuasiRegulatory Measures in the Arkansas SIP’’ is amended by adding entries for ‘‘Arkansas Regional Haze Phase III SIP Revision,’’ ‘‘Arkansas 2015 O3 NAAQS Interstate Transport SIP Revision,’’ and ‘‘Arkansas Regional Haze SO2 and PM SIP Revision’’ at the end of the table.’’ ■ Dated: April 14, 2021. David Gray, Acting Regional Administrator, Region 6. [FR Doc. 2021–08004 Filed 4–16–21; 8:45 am] This regulation establishes tolerances for residues of the insecticide metaflumizone in or on multiple commodities which are identified and discussed later in this document. BASF Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). DATES: This regulation is effective April 19, 2021. Objections and requests for hearings must be received on or before June 18, 2021, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). SUMMARY: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2019–0385, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPP Docket is (703) 305–5805. Due to the public health concerns related to COVID–19, the EPA Docket Center (EPA/DC) and Reading Room is closed to visitors with limited exceptions. The staff continues to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC services and docket access, visit https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Acting Director, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460– 0001; main telephone number: (703) 305–7090; email address: RDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: I. General Information BILLING CODE 6560–50–P A. Does this action apply to me? ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2019–0385; FRL–10018–60] Metaflumizone; Pesticide Tolerances Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: E:\FR\FM\19APR1.SGM 19APR1

Agencies

[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Rules and Regulations]
[Pages 20289-20290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08004]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0189; FRL-10022-74-Region 6]


Air Plan Approval; Arkansas; Arkansas Regional Haze and 
Visibility Transport State Implementation Plan Revisions; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: The Environmental Protection Agency (EPA) is correcting a 
final rule that appeared in the Federal Register on March 22, 2021, and 
that will become effective on April 21, 2021. The EPA finalized 
approval of a revision to the Arkansas State Implementation Plan (SIP) 
submitted by the State of Arkansas through the Arkansas Department of 
Energy and Environment, Division of Environmental Quality (DEQ). This 
document corrects an error in the regulatory text. This correction does 
not

[[Page 20290]]

change any final action taken by the EPA on March 22, 2021.

DATES: Effective on April 21, 2021.

ADDRESSES: The EPA has established a docket of all documents for this 
action at https://www.regulations.gov under Docket ID No. EPA-R06-OAR-
2015-0189. Although listed in the index, some information is not 
publicly available, e.g., Confidential Business Information or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the internet. 
Publicly available docket materials are available electronically 
through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: James E. Grady, EPA Region 6 Office, 
Regional Haze and SO2 Section, 1201 Elm Street, Suite 500, 
Dallas, TX 72570, 214-665-6745; [email protected]. Out of an 
abundance of caution for members of the public and our staff, the EPA 
Region 6 office will be closed to the public to reduce the risk of 
transmitting COVID-19. Please call or email the contact listed above if 
you need alternative access to material indexed but not provided in the 
docket.

SUPPLEMENTARY INFORMATION: On March 22, 2021 (86 FR 15104), EPA 
published a final rule action, ``Air Plan Approval; Arkansas; Arkansas 
Regional Haze and Visibility Transport State Implementation Plan 
Revisions.'' The final rule approved revisions to the State 
Implementation Plan (SIP) for the State of Arkansas concerning 
requirements of the Clean Air Act and the Regional Haze Rule for 
visibility protection in mandatory Class I Federal areas for the first 
implementation period and pertain specifically to the Domtar Ashdown 
Mill. The final rule also approved revisions concerning Arkansas' 
interstate visibility transport obligations for the following national 
ambient air quality standards (NAAQS): The 2006 24-hour fine 
particulate matter (PM2.5) NAAQS; the 2012 annual 
PM2.5 NAAQS; the 2008 and 2015 eight-hour ozone 
(O3) NAAQS; the 2010 one-hour nitrogen dioxide 
(NO2) NAAQS; and the 2010 one-hour SO2 NAAQS. For 
more information, please see the EPA's rulemaking action at https://www.regulations.gov under Docket ID No. EPA-R06-OAR-2015-0189.

Need for Correction

    As published, the regulatory text in the final rule contains an 
error that omits the amendatory instruction for adding two entries to 
the table entitled ``EPA-Approved Non-Regulatory Provisions and Quasi-
Regulatory Measures in the Arkansas SIP'' in 40 CFR 52.170(e). The EPA 
finds that there is good cause to make this correction without 
providing for notice and comment because neither notice nor comment is 
necessary and would not be in the public interest due to the nature of 
the correction which is minor, technical and does not change the 
obligations already existing in the rule. While the ``Identification of 
Plan'' section of the regulatory text accurately includes the three new 
entries added to the ``EPA-Approved Non-Regulatory Provisions and 
Quasi-Regulatory Measures in the Arkansas SIP'' table, the amendatory 
instruction erroneously states that one entry rather than three are 
being added to the table. Therefore, the EPA finds that the corrections 
are merely correcting the amendatory instruction without changing any 
final action taken by the EPA on March 22, 2021.

Federal Register Correction

0
In FR Doc. 2021-05362 at 86 FR 15104 in the issue of Monday, March 22, 
2021, the following corrections are made:


Sec.  52.170  [Corrected]

0
1. On page 15131, in the third column, in amendment 2.b. the 
instruction ``In paragraph (e), the third table titled ``EPA-Approved 
Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas 
SIP'' is amended by adding an entry for ``Arkansas Regional Haze Phase 
III SIP Revision'' at the end of the table.'' is corrected to read ``In 
paragraph (e), the third table titled ``EPA-Approved Non-Regulatory 
Provisions and Quasi-Regulatory Measures in the Arkansas SIP'' is 
amended by adding entries for ``Arkansas Regional Haze Phase III SIP 
Revision,'' ``Arkansas 2015 O3 NAAQS Interstate Transport 
SIP Revision,'' and ``Arkansas Regional Haze SO2 and PM SIP 
Revision'' at the end of the table.''

    Dated: April 14, 2021.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2021-08004 Filed 4-16-21; 8:45 am]
BILLING CODE 6560-50-P